Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 4th District Court of Appeal affirmed a defendant’s second-degree murder conviction, finding the evidence was sufficient as a matter of law to support the jury’s conclusion that the defendant acted with a ‘depraved mind.’ CASE: Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014)  Charge(s): Second-Degree Murder Outcome: Conviction AFFIRMED, as evidence clearly supported finding that …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 4th District Court of Appeal ruled that a defendant’s “grossly excessive speed” was sufficient to support a finding that he recklessly drove, despite the oft-cited maxim that speed alone is insufficient to prove recklessness. Here’s why. CASE: Natal v. State, 278 So.3d 705 (Fla. 4th DCA 2019)  Charge(s): Vehicular Homicide (Convicted of Reckless Driving) Outcome: Conviction AFFIRMED, …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a trial judge’s order denying a defendant Stand Your Ground immunity after a fatal stabbing that he claimed was an effort to protect his sister. CASE: Swift v. State, 342 So.3d 852 (Fla. 1st DCA 2022) Charge(s): Second-Degree Murder Outcome: Stand Your Ground claim DENIED, as the evidence refuted the defendant’s …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal reversed a defendant’s drug trafficking conviction after the trial judge prohibited his attorney from asking potential jurors about whether they would accept an entrapment defense. CASE: Harrison v. State, 172 So.3d 1018 (Fla. 1st DCA 2015) Charge(s): Drug Trafficking (Cocaine) Outcome: Conviction REVERSED, as the trial judge impermissibly prevented the defense from …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 5th District Court of Appeal ruled that the defendant was not objectively entrapped – and was not subjectively entrapped because despite an apparent lack of predisposition to commit the offenses, he was not induced to act unlawfully. CASE: Senger v. State, 200 So.3d 137 (Fla. 5th DCA 2016) Charge(s): Solicitation of a Minor, Traveling to Meet a …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s convictions after he challenged the trial judge’s 75-minute limit on questioning potential jurors – finding this “rule” did not violate the defendant’s due process rights. CASE: McMath v. State, 409 So.3d 1271 (Fla. 1st DCA 2025) Charge(s): Armed burglary with assault, possession of burglary tools, sexual battery, domestic battery …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal rejected a defendant’s claim that he was acting in lawful self-defense after he faced charges of aggravated battery with a deadly weapon and aggravated assault. CASE: Raulerson v. State, 409 So.3d 713 (Fla. 1st DCA 2025)  Charge(s): Aggravated Battery Outcome: Stand Your Ground claim DENIED, as evidence indicating the defendant did not …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 3rd District Court of Appeal reversed a defendant’s conviction for second-degree murder after he shot indiscriminately into a crowd surrounding his friend.  CASE: Sarduy v. State, 540 So.2d 203 (Fla. 3d DCA 1989)  Charge(s): Second-Degree Murder Outcome: Conviction REVERSED, as there was no evidence in the record that the defendant acted with a “depraved mind.” Second-Degree Murder …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s conviction in a case where 2 jurors indicated they would be more likely to think the defendant was guilty if they did not testify. Why? CASE: Fleming v. State, 366 So.3d 1179 (Fla. 1st DCA 2023) Outcome: Guilty verdicts AFFIRMED, as the trial judge did not err by refusing …